Court allowed bail to the applicant falsely implicated in an offence though merit was not examined, directing him to execute a bond and furnish sureties.
Released on executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3236 of 2019
Applicant :- Arvendra Rajak @ Basu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no previous criminal history prior to the month of December 2017 as averred under paragraph no.2 of the supplementary affidavit and is languishing in jail since 16.05.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Arvendra Rajak @ Basu involved in Case Crime No.517 of 2018, under Sections 457, 380, 411 I.P.C., Police Station Chakeri, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 24.1.2019 rkg
1 provisions across 1 enactments
Arvendra Rajak @ Basu
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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